Silverston

The action is in partition. Appellant states that “there is practically no controversy as to the facts.” The amended complaint alleges that plaintiff and defendant, Mary Gray Tobin, are the owners as tenants in common of certain personal property consisting of notes and bonds; that the Mercantile Trust Company of San Francisco claims some interest adversely to plaintiff, but that it is without right. The answer denies that plaintiff and said defendants are the owners or tenants in common or otherwise of the property and admits that the said Mercantile Trust Company claims an interest in the property adverse to plaintiff, but denies that such claim is without right. It is alleged in the answer that the property is held in trust by said company as follows: That on the fifteenth day of August, 1893, the plaintiff, defendant, Mary Gray Tobin, and Edwin B. Dimond, together with their father, W. H. Dimond, entered into an agreement with Horace G. Platt, which is set forth as exhibit “A,” according to the terms of which said Platt was to receive certain real and personal property belonging to W. H. Dimond and to his three children, in trust for said children during the term of their…